Kerala High Court
WP(C)/14436/2025 of RAMESAN C.M Vs CHIEF MANAGER, STATE BANK OF INDIA on 10 April 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 14436 OF 2025 PETITIONER: RAMESAN C.M AGED 65 YEARS, LAKSHMI, CHUNGAM, NEAR NIDUNGOTTAMKAVU, ERANHOLY P.O, THALASSERY, KANNUR, PIN – 670
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
WP(C) NO. 14436 OF 2025
PETITIONER:
RAMESAN C.M
AGED 65 YEARS, LAKSHMI, CHUNGAM, NEAR
NIDUNGOTTAMKAVU, ERANHOLY P.O, THALASSERY, KANNUR, PIN – 670 107.
BY ADVS.
R.MURALEEKRISHNAN
V.M.RIYAS
RESPONDENTS:
CHIEF MANAGER, STATE BANK OF INDIA
VANGARATH TOWER, PALARIVATTOM,
ERNAKULAM, PIN – 682 025.
ASSISTANT GENERAL MANAGER SMECCC
VANGARATH TOWER, PALARIVATTOM,
ERNAKULAM, PIN – 682 025.
MANAGER STATE BANK OF INDIA, CEPZ BRANCH
SEAPORT - AIRPORT ROAD,KAKKANAD,
PIN – 682 037.
SUBEESH RAMESH
M/S. SYGUL TECHNOLOGIES PVT LTD,
LAKSHMI, ERANHOLY.P.O, THALASSERY,
KANNUR, PIN – 670 107.
ERANHOLY VILLAGE OFFICER
THALASSERY THALUK, KANNUR, PIN – 670 107.
SRI. JITHESH MENON - SC
SMT.. MABLE C.KURIAN – SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGMENT
The petitioner’s son is the Director of M/s. Sygul Technologies Pvt. Ltd. The said Company availed four loans from the State Bank of India, CEPZ Branch. The petitioner was the sole guarantor and his property was mortgaged with the Bank for availing the said loan. There was default in payment of installments and the Bank initiated revenue recovery proceedings. Exts.P2 and P3 are the revenue recovery demand notices issued under Sections 7 and 34 of the Kerala Revenue Recovery Act, 1968, respectively. Challenging Exts.P2 and P3, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the Bank to permit him to pay the loan amount in twelve equal monthly installments.
2. Sri.Jayesh Mohan, the learned Standing Counsel for the Bank, on instructions, submits that, an amount of Rs.21,25,536/- is outstanding against the petitioner’s son and the petitioner can be permitted to pay the said amount in reasonable installments.
3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in ten equal monthly installments.
4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.21,25,536/- in ten equal monthly installments commencing from 15.05.2025 along with accrued interest and applicable charges. If the petitioner defaults payment of any of the installments, it will be open to the Bank to proceed against him for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in installments as above, all coercive proceedings against him pursuant to Exts.P2 and P3 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR
APPENDIX PETITIONER’
S EXHIBITS
:- EXHIBIT P1 TRUE COPY OF FORMAT OF COMPROMISE OFFER LETTER DATED 15.11.2024. EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE DATED 04.10.2024 ISSUED U/S 7 OF KERALA REVENUE RECOVERY ACT, 1968. EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE DATED 04.10.2024 ISSUED U/S 34 OF KERALA REVENUE RECOVERY ACT, 1968. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 17- 02-2025 SUBMITTED BY THE PETITIONER. RESPONDENT
S EXHIBITS
: NIL.